The 22nd Law Commission of India, led by Justice Ritu Raj Awasthi, recently released its report on criminal defamation and its impact on freedom of speech and expression. This recommendation comes in response to a request from the Ministry of Law and Justice in August 2017.
Background and Motivation
The decision to study the law of defamation was prompted by the Supreme Court’s ruling in the Subramaniam Swamy vs. Union of India (2016) case, where the court affirmed the constitutionality of criminal defamation, considering it a reasonable restriction on the freedom of speech and expression.
Historical Overview of Defamation Laws
The report delves into the historical evolution of defamation laws, defining the essential characteristics for an act to be considered an offence. It emphasizes the recognition of “the right to reputation” as an integral part of the right to life and dignity under Article 21 of the Constitution.
Balancing Rights
Highlighting the need for a balance between the right to freedom of speech and the protection of the right to reputation, the report argues that criminal defamation laws play a crucial role. It also explores judicial precedents that underscore the importance of balancing fundamental rights.
Constitutional Importance and Potential Misuse
The report underscores the constitutional significance of defamation laws while acknowledging the potential for misuse. It points out that misuse could lead to a reduction in accountability and transparency, as well as the stifling of dissent and free speech.
Conclusion and Recommendations
Before presenting its recommendations, the report acknowledges the balanced approach of the newly enacted criminal statute, the Bharatiya Nyaya Sanhita, 2023. This statute introduces community service as an alternative punishment, providing a middle ground in protecting both reputation and freedom of speech.
Multiple Choice Questions (MCQs) with Answers
- Who led the 22nd Law Commission of India?
- A. Justice Subramaniam Swamy
- B. Justice Ritu Raj Awasthi
- C. Ministry of Law and Justice
- D. None of the above
- Answer: B. Justice Ritu Raj Awasthi
- What prompted the study on the law of defamation by the Law Commission?
- A. Supreme Court’s ruling in the Bharatiya Nyaya Sanhita case
- B. Ministry of Law and Justice’s directive
- C. Subramaniam Swamy’s defamation case
- D. None of the above
- Answer: C. Subramaniam Swamy’s defamation case
- According to the report, what is considered an integral part of the right to life and dignity under Article 21 of the Constitution?
- A. Freedom of speech
- B. Right to reputation
- C. Right to privacy
- D. Right to protest
- Answer: B. Right to reputation
- What does the report emphasize regarding the potential misuse of defamation laws?
- A. It encourages misuse for personal gain.
- B. It acknowledges the risk of reducing accountability and transparency.
- C. It argues for stricter enforcement to prevent misuse.
- D. None of the above
- Answer: B. It acknowledges the risk of reducing accountability and transparency.
- Which statute does the report commend for its balanced approach in protecting reputation and speech?
- A. Criminal Defamation Act, 2022
- B. Bharatiya Nyaya Sanhita, 2023
- C. Freedom of Speech Act, 2024
- D. Constitution Amendment for Defamation, 2021
- Answer: B. Bharatiya Nyaya Sanhita, 2023